Over the last decade the Internet has played a growing role in the resolution strategies of many of those who face ‘civil justice problems’. While many who use the Internet do so in order to locate offline sources of advice, as access to traditional forms of legal advice diminishes, the Internet is likely to play an increasingly important role in legal self-help. This thesis explores how and when young people in England and Wales use the Internet to resolve housing and employment law problems, as well as the quality of the main information resources available to them. In exploring this, the study draws on: existing publicly available data from the Civil and Social Justice Survey (CSJS) and Civil and Social Justice Panel Survey (CSJPS); new data obtained from 208 young people aged 15-26 who participated in a novel experiment designed to test how they acquired information from the Internet when faced with a housing/employment law dilemma; and, new data collected from a website review which assessed the overall quality of the main English and Welsh legal information websites. The study finds that while the Internet holds potential as a legal self-help tool, online legal information does not directly equate to improved individual legal capability. The potential the Internet holds, continues to be constrained by the quality of information provided online and the public’s capacity to use it and apply it in a meaningful way. Findings encourage ongoing investment in online resources, but suggest that investment in public legal services must remain diversely distributed across a range of mode-types (online, telephone and face-to-face). Results are contextualised within the history of online legal services, recent policy developments, as well as the existing literature relating to access to justice, human-computer interaction, problem-solving behaviour and adolescent development.

This thesis examines the methods used to govern the global financial system in the pre-Basel era and in doing so challenges the common perception that the regulation of international banking began in 1974 when the Basel Committee on Banking Supervision was established and banks first became subject to internationally agreed standards. Whilst it may be true to say that it is only in recent years that banks have been placed under formal control at a global level, this does not mean that the regulation of international banking has not been characterised by some other form of governance throughout history. The birth of the Basel Committee was triggered by concerns relating to the ongoing stability of the international financial system that were raised as a result of the globalisation of the banking industry in the post-war era and the systemic risks posed by this interconnected economic environment. However, the international character of the banking industry and the resulting connection between national economies is not a recent phenomenon, and issues pertaining to the stability of the global economy as a result of this have echoed throughout history. Accordingly, it is argued that while the work of the Basel Committee represents the contemporary method of governing these issues of global economic instability, what this thesis addresses is the historical method of governing them, namely, inter-state collaboration at financial conferences and the informal cooperative practices of the market participants themselves. What this analysis shows is that by adopting a definition of regulation that revolves around the methods of governance used to maintain stability in the global economy as a result of the international nature of the banking industry, it becomes clear that the regulation of international banking did not begin when the Basel Committee was established, but rather it has a history that spans the past two centuries.

The emergence of a more visible and powerful judiciary in Mexico in the last 20 years fits a pattern seen in new democracies all over the world. Democratization and judicialization in post-authoritarian regimes seem to converge, at times acting as mutually reinforcing processes. As part of the strengthening of the courts, the role of judicial review of administrative action has expanded considerably and it has given them a bigger role determining the boundaries of the relationship between citizens and the administration. This thesis looks at one instance of judicialization of administrative law using judicial review of expropriation in Mexico as a case study. Mexico has had some form of constitutional review since the nineteenth century, but its role has been largely ignored because Mexico’s system of government for the most part of the twentieth century can be described as a dominant party system in which a single party governed for almost 70 years. The Mexican political system was somewhere in between a full authoritarian regime and a democracy. In this context, formal judicial independence was severely limited and it was assumed that the courts never challenged the executive branch and were completely subordinate. This research examines how the Supreme Court in Mexico decided cases in which owners challenged expropriation orders between 1917 and 2008 and it concludes that judicial review of administrative action in Mexico was stronger than what is generally presupposed and that this judicialization of administrative law is increasingly having some negative consequences.

The thesis explores the interaction between competition law - that governs the behaviour of firms in markets, and corporate governance - concerned with relations within the firm. For various purposes, competition law considers the firm - or the undertaking - as a ‘black box’: internal relations or mechanisms, including that of corporate governance, are outside of competition law scrutiny. Also, enforcement instruments barely engage with the internal dimension of firms. For example, penalties are typically imposed on companies, while actors within the firm are rarely liable for competition law violations. In spite of an apparent dichotomy between the firm and the market, in which competition law and corporate governance operate respectively, this research explains that there are meaningful points of interaction between the purposes and mechanisms of these two areas of the law. For example, mechanisms of corporate governance, such as remuneration schemes, may produce incentives to restrict competition in markets. The main contribution of this thesis lies in ‘opening the black box’ of the firm prior to, during and in prevention of a competition law infringement. Building on these developments, it is argued that relations that are internal to companies matter for the effectiveness of competition law enforcement. In addition, mechanisms of corporate governance - whether these are mechanisms of control or sanctions - should be further relied on and integrated into competition policies. Law makers should therefore take greater account of internal incentives and mechanisms in the design and assessment of policies. On similar grounds, competition authorities should steer companies’ incentives to implement effective corporate compliance mechanisms. This thesis also discusses the relevance of the boundary between the firm and the market as established by competition law, in areas such as minority shareholdings and interlocking directorates. The developments are based on the EU, the US and some EU Member States’ jurisdictions when relevant. The normative suggestions mostly concern EU competition law.

This research project investigates issues arising with regard to ‘the best interests of the child’ in resolving family relocation disputes through courts or settlement in England and Wales, and in Canada. Social science and socio-legal findings, statutes, and leading cases which form the normative background to decisions in this field are reviewed. The main line of enquiry is through a qualitative and comparative study with lawyers and ADR practitioners working with disputing parents. Findings from lawyers’ interviews support findings in other studies: adversarial proceedings, although leading to a resolution are emotionally and financially demanding, and risk exacerbating conflicts with a possible knock-on effect on children. Although ADR such as mediation is presented as an option, litigation is almost inevitable due to parents’ polarised positions. ADR practitioners mention challenges with these disputes due to the distance between parents on the issue of relocation. A majority of mediators report taking a pro-active approach. ADR models incorporating such an approach are reviewed. A secondary line of inquiry is through a comparative case analysis of appellate decisions in the same jurisdictions. Broad-based and open-ended multifactorial court guidelines now operate in England and Wales while in Canada such an approach has been the norm for nearly 20 years. Analyses of provincial appellate cases in Canada reveal variation in approaches on some factors in the Supreme Court of Canada guidelines. This is in line with Canadian critiques which point to the lack of predictability in court decisions. A review of questions and presumptions as guidelines lists advantages of the latter within a statute such as currently exists in British Columbia. A relational approach to the best interests principle is also discussed. It is argued that to support the best interests of the child, both process and substantive law need to be considered in deciding relocation disputes.

The thesis comprises a comparative Anglo-American analysis of two aspects of charity regulation: the doctrine of cy-pres and the legal control of charitable solicitations. The first part considers the jurisdiction and scope of the cy-pres doctrine, including its relationship to analogous principles such as the doctrine of approximation; the requirement of a general charitable intention, including a critical analysis of the distinction between initial and supervening failure; the difficulties that arise where gifts are made to merged charitable institutions; and a critical analysis of the administrative structures which exist to carry the doctrine into effect. The second part is an analysis of the law and practice relating to the regulation of fund-raising by charities. It considers criteria which maybe considered desirable goals of a solicitation system, and, in the light of these criteria, it examines the scope of the present regulative mechanisms in England and Wales. It considers the experience of solicitation laws in a number of States in the USA and constructs, from the bases of such laws, a number of model systems for the control of solicitations.The thesis concludes by considering, in the light of the American experience, possible explanations for the different legal treatment of cy-pres and solicitations under English law, particularly from the point of view of the intentions of charitable settlors or donors, and the extent to which English law might learn from its American counterpart

This thesis examines the rapidly evolving corporate governance framework for UK banks to enquire whether a radical change of paradigm is necessary in order to build a resilient financial system. The UK corporate governance paradigm largely reflects the nexus of contracts conceptualisation of the company, and focuses primarily on the maximisation of shareholder value through the pursuit of profitability and the minimisation of managerial agency costs. However, the regulatory reforms introduced subsequent to the global financial crisis of 2007-2009, both domestically and at the EU level, are currently transforming several aspects of bank corporate governance – most notably, executive remuneration and the regulatory scrutiny of senior appointments in banks – in a way that detracts from the shareholder value model in favour of emphasising the public interest in ensuring that banks are managed in a safe and sound manner. Nevertheless, these reforms fall short of achieving a full paradigm shift, as the duties owed by bank directors still reflect the enlightened shareholder value approach, and the power of equity investors to encourage excessive risk taking by banks remains intact. This thesis argues that a shareholder-centric corporate governance model for banks is fundamentally inconsistent with safeguarding financial stability as a public good, given the strong incentives that shareholders have to encourage banks to take risks, which – even if optimal from the shareholders’ perspective – are value-decreasing for society as a whole. The general inability of depositors and bondholders to monitor risk taking by banks effectively further exacerbates this problem. It is therefore argued that the existing prudential regulatory framework ought to be complemented by taking a regulatory approach to bank corporate governance, with a particular emphasis on reforming banks’ corporate objective to reflect the importance of long-term financial sustainability which – in turn – necessitates a reform of the duties owed by bank directors and senior managers to reflect the public interest in financial stability.

The vital role of the judiciary in enhancing constitutionalism cannot be overemphasised. This attains particular significance in Africa where the failures of constitutionalism are well documented. This thesis explores the impact of constitutional jurisprudence on constitutionalism and rule of law in Malawi. Any such study, of necessity, contends with the concept of judicial activism. By drawing upon scholarship and jurisprudence from other common law jurisdictions this thesis proposes a basis for concluding that judicial activism may sometimes undermine constitutionalism. Though there is an independent judiciary in Malawi, constitutionalism has not fully materialised. In this context, it is proposed that the reason for such deficiency is not the lack of judicial activism on the part of the Courts in Malawi; rather an insufficient conception of the judicial role suited to the Malawian context. The study seeks to demonstrate that such insufficiency has resulted in the courts adopting a liberal democratic approach to constitutional adjudication in a jurisdiction more suited to a social-trust-based approach. To the extent that the liberal democratic approach is at odds with the norms, traditions and values indigenous to Malawi it has served to undermine constitutionalism. In this context, the thesis highlights other relevant studies establishing that the social-trust based paradigm has a legal basis in the Malawi Constitution as well as other primary governance legislations such as the Corrupt Practices Act. This thesis identifies the importance of judicial training tailored to defining the judicial role within the peculiar socio-political context in a specific jurisdiction in order to preserve the democratic imperative of autochthony at the root of legitimate constitutionalism. It is argued that without such a deliberate approach the judicial role (even through innovations of judicial activism) could end up being another elitist tool employed to hijack the democratisation agenda embodied in the current Constitutional order by reason of the courts advocating values which are alien to the Malawian socio-political order. While conceding that training alone can never produce certainty, it is proposed that in this case it would enhance a more appropriate appreciation of the peculiar judicial responsibility espoused under the Malawian constitution.

This thesis examines approaches to online political speech regulation in a comparative context of three countries: the United Kingdom, the United States of America and Thailand. Four main areas of legal development are selected as the focus of online speech regulation: defamation law, hate speech law, law on speech which incites or advocates terrorism, and ISP liability law. The comparative discussion takes into account each nation’s particular cultural, legal and constitutional backrounds. The thesis aims to provide a fuller insight into the diverse legal approaches of the three countries in solving some common legal problems in the age of Internet communication.

This thesis looks at legal pluralisln in fatnily law. Its Inain concern can be divided into two: the extent of co-existence of indigenous customary family law in a Kenyan society on one hand, and state law (principles and rules) regulating family relations, on the other. This study was based on the Tugen-Arror ethnic community in the Rift Valley Province. One among the 43 ethnic groups found in Kenya; a country colonised by Britain from 1895 to 1963. This left a legal structure which is pluralistic in nature. Nothing confirms this more than the sources of law, the institutions and procedures that exist today. As indicated in this thesis, the sources of law in Kenya can be divided into two main categories: First and foremost, those referred in the thesis as 'inherited' or 'official' state laws which were at first introduced during the colonial rule and later through the post-colonial legal institutions. Secondly, those referred in here as 'indigenous' or 'customary law'. These are custolnary 'legal' norms representing the many ethnic communities in Kenya. The aim of the dissertation, therefore, concerns the implications of legal plurality, the co-existence of different legal principles, institutions and processes all interconnected with the various sources of law, on the general operation of customary family law in Kenya. This co-existence of diverse competing legal systen1s, institutions and processes creates an inevitable conflicting situation. This is nowhere better observed than in the rules and processes connected with customary family relations; particularly in marriage, brideprice, divorce and issues pertaining to parentchild relations (adoption, guardianship and fosterage). In the process of discussing these customary family related matters under the auspices of Tugen-Arror customary law, the different facets of customary and family rules, behaviours, relationships and likewise principles, rules and relations under state law are highlighted. The reason for doing so is to try and reveal the different aspects of Tugen-Arror customary practices that differ from those observed in other communities. The dissertation therefore, focuses mainly on the customary practices of the Tugen-Arror community, at a period of social, economic and political change exerted by forces unrelated to their traditional past, values and aspirations deeply entrenched and in which any social change taking place does so with the interest of the wider family at its core.